News & Analysis as of

Equitable Relief

Genova Burns LLC

Circuit Courts Split Over NLRB Remedy Authority

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The scope of NLRB remedies for unfair labor practice violations has been disputed since December 2022, when the Board in a novel case called Thryv, Inc., expanded the definition of equitable remedy to include direct or...more

Husch Blackwell LLP

Delaware Chancery Court Keeps Asbestos Trust Data Case Alive: Motions to Dismiss Denied

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On October 24, 2025, Vice Chancellor Laster of the Delaware Court of Chancery denied motions to dismiss in a high-profile challenge to asbestos trust data-retention policies, allowing asbestos defendants’ claims to proceed...more

Charles E. Rounds, Jr. - Suffolk University...

Minnesota Supreme Court’s decision in the Johnson Trust Case (2025) is doctrinally nonsensical in that it is unsupported by equity...

Assume a parcel of real estate was the subject of an irrevocable express trust until the trustee in breach of trust deeded the title to himself, ostensibly free of trust. Our self-dealing trustee is hereinafter referred to as...more

Jenner & Block

The Ninth Circuit Rejects Class Action Plaintiffs’ Tactic to Avoid Federal Court

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Before the Class Action Fairness Act of 2005 (CAFA), many corporate defendants were forced to litigate class actions in state court because the claims of putative class members could not be aggregated to meet the threshold...more

Groom Law Group, Chartered

Sixth Circuit Embraces Fourth Circuit’s Equitable Remedies Framework in Rose v. PSA

On July 19, 2025, the U.S. Court of Appeals for the Sixth Circuit in Aldridge v. Regions Bank, No. 22-5020, adopted the Fourth Circuit’s reasoning in Rose v. PSA Airlines, Inc., 80 F.4th 488 (4th Cir. 2023)...more

Lewitt Hackman

New Bad Bunny Lawsuit Highlights Unjust Enrichment and Contract Law

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Contracts form the foundation of nearly every business transaction in California and across the United States. Parties use them to hire employees, license a service, or, as in musician Bad Bunny’s case, feature a private home...more

Ervin Cohen & Jessup LLP

Limited Liability Company Disputes in California: Can a Judge Acting in Equity Force a Buyout?

Most business owners think the rules are clear: if there’s a dispute among members in a limited liability company (LLC), the operating agreement and California’s LLC statues control what happens. But a recent case shows that...more

Proskauer - Employee Benefits & Executive...

No Monetary Harm, No Foul?  Not Quite, but American Airlines Not Required to Pay Any Monetary Damages in ERISA ESG Breach of...

On September 30, 2025, Judge Reed O’Connor of the U.S. District Court for the Northern District of Texas issued a final judgment on damages in Spence v. American Airlines, Inc., No. 4:23-cv-552 (N.D. Tex. Sept. 30, 2025),...more

Fox Rothschild LLP

The Bat Flip Heard Around the World: Rocco v. Little League Baseball, Inc.

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In the world of youth sports, few moments are as exhilarating as a home run in a championship game. For 12-year-old M.R. of Haddonfield, New Jersey, that moment became the center of a legal controversy that captured national...more

Ervin Cohen & Jessup LLP

Employers May Now Obtain Equitable Relief for Untimely Arbitration Payments

After years of appellate cases and several rulings holding California employers to the very strict payment standards of the California Arbitration Act (CAA), the California Supreme Court has, for the first time, addressed...more

Cooley LLP

UK Supreme Court Clarifies Scope of Dishonest Assistance Liability

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The UK Supreme Court’s decision in Stevens v. Hotel Portfolio II UK Ltd has clarified the liability of dishonest assistants in cases of breaches of a constructive trust of secret profits. It also provides helpful guidance on...more

BCLP

Navigating Liability for Dishonest Assistance: An Account of Profit, Loss and Constructive Trusts - Supreme Court Judgment:...

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The UK Supreme Court has recently addressed novel issues concerning liability for dishonest assistance in respect of a breach of fiduciary duty, involving the acquisition and dissipation of unauthorised profits....more

Husch Blackwell LLP

Texas Supreme Court Clarifies That Specific Performance Can Include Monetary Relief

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On June 13, 2025, the Supreme Court of Texas delivered a 17-page opinion in White Knight Development, LLC v. Simmons clarifying that monetary damages may be awarded alongside specific performance in real estate contract...more

Fisher Phillips

Federal Appeals Court Decision Reminds Employers About Their Duty to Monitor Service Providers of ERISA-Covered Health and Welfare...

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A federal appeals court just illustrated the importance of an employer’s duty to monitor service providers that assist with the administration of employee welfare benefit plans. In the May 21 decision of Tiara Yachts v. Blue...more

Offit Kurman

The Litigation Landscape Explained

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In this week's episode of OK at Work, attorneys Sarah Sawyer and Russell Berger from Offit Kurman delve into the complexities of business litigation. They discuss various types of litigation that business owners might face,...more

IR Global

Breaking The Hidden Chains: Financial Abuse as Domestic Violence in California

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In California, the definition of “domestic violence” extends far beyond the traditional notions of physical and emotional harm. The definition of what constitutes “abuse” and “domestic violence” is no longer limited to acts...more

Falcon Rappaport & Berkman LLP

Equitable Fairness: Court Denies Lender’s Routine Motion for Summary Judgment In Commercial Foreclosure Action Finding Issues of...

In a recent decision, the Supreme Court in Queens County denied lender’s motion for summary judgment and appointment of a referee to compute in a foreclosure action, finding triable issues of fact, underscoring the importance...more

McDermott Will & Schulte

Jury Trial on Legal Issue Denied, But No Harm Done

The US Court of Appeals for the Seventh Circuit affirmed a district court’s denial of a jury trial, concluding it was harmless error because the defendant would have been entitled to a directed verdict regardless. Overwell...more

BCLP

The winding road ahead: navigating representative proceedings in the High Court

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With the rise of litigation funding of group actions, there has been an increasing use of representative actions by Claimants in recent years. In turn, Defendants are challenging this and the Courts are scrutinising cases in...more

Bowditch & Dewey

Spousal Relief From Joint Tax Liability

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As a general rule, when a married couple files a joint tax return, they are jointly and severally liable for the entire tax. But what happens if one spouse failed to report income and the other spouse did not know or have...more

Stark & Stark

The Role of NJ's Chancery Division in Administering Justice Beyond Monetary Damages

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What is the Chancery Division? What does equitable relief mean? These are among the many questions posed by litigants facing either a claim filed in the Chancery Division or seeking legal assistance for complex claims seeking...more

Venable LLP

The Subcontractor Performed. The Prime Contractor Paid. But a Hacker Ended Up with the Money. Who Is Responsible?

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When hackers gain access to a subcontractor’s information systems and divert the prime contractor’s payment to themselves instead of to the subcontractor, does the prime contractor still have to pay the subcontractor?...more

Venable LLP

Virginia Contractors Can Overcome Sovereign Immunity and Sue the State Government, Even Where the Remedy Is "Equitable" Relief...

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On May 9, 2024, the Supreme Court of Virginia held that a lawsuit alleging that the state government had procured a contractor's settlement of a contract dispute using economic duress and bad faith could proceed, rejecting...more

Charles E. Rounds, Jr. - Suffolk University...

When the guardian ad litem “representing” the yet-to-come-into-existence beneficiaries of a trust is nonfeasant or malfeasant

Does a court-appointed GAL in a trust matter owe fiduciary duties to the parties to the trust relationship who have yet to come into existence, e.g., the settlor’s future great grandchildren (hereinafter the “non-existent...more

Butler Snow LLP

MS Supreme Court Allows Equitable Remedies Notwithstanding Statute of Frauds, Overruling Prior Precedent

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Mississippi has multiple statutes of frauds, which require certain contracts be in a writing signed by the party to be charged in order to be enforceable. A frequently seen example is a contract for the sale of land. In...more

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